What is a Michigan implied consent driver’s license suspension?

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 13, 2022

What is a Michigan implied consent driver's license suspension?
What is a Michigan implied consent driver’s license suspension?

A Michigan implied consent driver’s license suspension is when the SOS automatically suspends a person’s license for refusing to take a chemical test when pulled over on suspicion of drunk driving. If the police arrest someone for DUI, they will ask you to submit to a chemical test to determine your blood alcohol content (BAC). If you refuse this test, your license will be suspended for one year. If you have a prior refusal on your record, or if you are under the age of 21, your license will be suspended for two years. There are some ways to avoid this suspension and you will need the help of an attorney.

Continue reading “What is a Michigan implied consent driver’s license suspension?”

A Michigan Third Offense OWI is a felony.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 9,2022

What you need to know about a Michigan third offense OWI felony charge.
What you need to know about a Michigan third offense OWI felony charge.

A Michigan third offense OWI felony is a serious charge that can have severe consequences for those convicted. If someone has two or more prior drinking and driving offense when arrested for another OWI, they will be charged with a felony.

Like other OWI offenses, a Michigan third offense felony has harsh penalties, including mandatory jail time, steep fines, and driver’s license revocation, vehicle immobilization and more. Those convicted of a felony may face severe consequences, such as difficulty finding employment or housing because of their criminal record.

Why does Michigan take these charges so seriously? One reason is that driving under the influence poses a significant risk to public safety, putting both drivers and pedestrians at risk of serious injury or death. Repeat offenders are flagrant violators of Michigan’s drunk driving laws.

If you are charged with a Michigan third offense OWI felony, it is important to seek legal counsel as soon as possible. A qualified criminal defense attorney can help guide you through the complex legal process and advocate on your behalf in court. With the help of an experienced lawyer, you can protect your rights and future possibilities from being undermined by a conviction.

Continue reading “A Michigan Third Offense OWI is a felony.”

A Michigan OWI will negatively impact your CDL.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 6, 2022

A Michigan OWI will negatively impact your CDL.
A Michigan OWI will negatively impact your CDL.

As a professional driver, getting arrested for an OWI can have serious consequences on your career. Not only will you face severe legal penalties and potentially even jail time, but your commercial driver’s license (CDL) could also be suspended or revoked, which could make it impossible for you to continue working in your field. If you are facing an OWI charge and your CDL is at risk, it is important to seek legal counsel right away in order to protect your rights and work towards a positive outcome.

Continue reading “A Michigan OWI will negatively impact your CDL.”

Why sober people fail Michigan field sobriety tests.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 6, 2022

Sober people can fail Michigan field sobriety tests.
Sober people can fail Michigan field sobriety tests.

First, what are field sobriety tests?

Sobriety tests are designed to assess a person’s level of intoxication. Field sobriety tests typically involve performing various physical and mental tasks in order to determine whether the person is under the influence of alcohol or some other substance. While these tests can help a police officer, sober people can fail them as well. In this blog, we will discuss some reasons sober people fail Michigan field sobriety tests and why their results should be viewed with caution. The most shocking fact is that there is no conclusive evidence that a sober person will perform better on a field sobriety person than a person who is impaired by alcohol.

Police uses field sobriety tests, sometimes called roadside tests, when they suspect that a person is operating while intoxicated, OWI in Michigan. An officer asks the individual to perform specific tests while noting the person’s balance, coordination, attention to instructions, etc. The officer will record the results to support probable cause for an OWI arrest.

Continue reading “Why sober people fail Michigan field sobriety tests.”

What are the elements of a Michigan OWI, Operating While Intoxicated Charge?

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 24, 2022

Elements of a Michigan OWI.
Elements of a Michigan OWI.

As experienced attorneys, we have a great deal of expertise in OWI law. This article will discuss the legal elements a prosecutor must prove when someone is charged with operating a vehicle while intoxicated or under the influence of another substance. If you are facing a driving under the influence of alcohol or drugs, you should understand the elements of a Michigan OWI.

One of the first things to understand about a Michigan OWI charge, or any operating under the influence charge, is that it can be based on several types of evidence. For example, suppose the police pulled you over, and they found alcohol in your car or detected the odor of alcohol coming from your breath. In that case, they may determine that you were intoxicated at that point based on these observations. However, there are also situations where chemical tests such as breath tests or blood tests may assess intoxication levels.

Continue reading “What are the elements of a Michigan OWI, Operating While Intoxicated Charge?”

What To Expect During Your First Consultation With A Michigan OWI Attorney?

By Attorney James Czarnecki| Czarnecki & Taylor PLLC | OCT 14, 2022  

What Should You Expect In Your First Consultation With A Michigan OWI Attorney?
What should you expect in your first consultation with your Michigan OWI attorney.

What to Expect When Meeting Your Michigan OWI Attorney

When facing Michigan OWI charges, you must consult with a knowledgeable attorney as soon as possible. During your initial consultation, an experienced attorney will listen to the details of your case and discuss how they can help you. Below are some things you can expect during this meeting.

Continue reading “What To Expect During Your First Consultation With A Michigan OWI Attorney?”

Necessity Defense to Michigan Drunk Driving – I had no choice but to drive drunk.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 4, 2022

Necessity defense to drunk driving.
Necessity defense to drunk driving.

When can you use the necessity defense to a Michigan OWI charge?

In most Michigan OWI cases, the defense will argue that reasonable doubt exists on one of the elements of the offense. Other times lawyers will argue that the police did not have a reason to stop you. But, what if there is a defense where you admit you drove drunk but still should not be found guilty of a Michigan OWI? This would be a defense based on necessity. Czarnecki & Taylor has used the of necessity in multiple drunk driving cases.

Continue reading “Necessity Defense to Michigan Drunk Driving – I had no choice but to drive drunk.”

Get Your Michigan OWI Dismissed

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 3, 2022

Get your Michigan OWI dismissed.
Get your Michigan OWI dismissed.

If you’re charged with a Michigan OWI offense (Operating While Intoxicated), you most likely feel nervous and unsure how to handle the case. You have options, and one option is to get your Michigan OWI dismissed. “But, I thought if I was arrested there is no defense to an OWI, right?” Not true.

If you have been arrested and charged with operating while intoxicated (OWI) in Michigan, you may wonder if there is any way to get your Michigan OWI dismissed. The answer is that it is possible, but it isn’t easy. Among other strategies, you could show that the arresting officer did not have probable cause to believe that you were operating a vehicle while under the influence of alcohol or drugs.

Continue reading “Get Your Michigan OWI Dismissed”

How We Win Michigan Drunk Driving Cases

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|Nov 2, 2022

How we win Michigan drunk driving cases.
How we win Michigan drunk driving cases.

Michigan has some of the country’s strict drinking and driving laws, and prosecutors take these cases very seriously. If you have been charged with drinking and driving, you may feel worried and uncertain about what will happen next. However, it is essential to remember that you have the right to a fair trial, and there are ways to win these cases. In this article, we explain how we win Michigan drunk driving cases. An experienced lawyer will know how to build a strong defense and challenge the prosecution’s evidence. In many cases, it is possible to negotiate a plea deal or have the charges dismissed entirely. With the help of a skilled attorney, you can fight for the best possible outcome in your case.

Continue reading “How We Win Michigan Drunk Driving Cases”

Macomb County DUI -Frequently Asked Questions

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 6, 2022

Macomb County DUI frequently asked questions.
Macomb County DUI frequently asked questions.

The following is a list of frequently asked questions many of our clients ask regarding a Macomb County DUI charge. Although this is an extensive list, it is by no means a complete list of all questions regarding a Macomb County DUI charge. If you have been charged with a DUI, and want specific information regarding your case, don’t hesitate to contact Czarnecki & Taylor PLLC for a free consultation on your DUI charge.

Continue reading “Macomb County DUI -Frequently Asked Questions”